Police actions at Waitangi 2018

Katherine Raue made this Official Information request to New Zealand Police

Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Katherine Raue

Dear New Zealand Police,

On or about 3rd February 2018 Police went onto the piece of land at Waitangi known as "The Island", which is historically part of Te Tii marae, and pulled out the tent pegs belonging to several whanau and ordered them off that piece of land. Whanau were peacefully sleeping, feeding their kids breakfast, abiding by the law, as they have always done at this time of year on that land. There was considerable dismay expressed regarding the heavy handed actions of Police.

The Police officer in charge was a Sgt Ruth I think, and he showed us two documents, one being a purported license to occupy the two pieces of land referred to in the documents as "The Island" and "Shippy's [or Shippies] Reserve", which is more correctly known as "Te Karaka Tapu Historic Reserve", this license to occupy was apparently issued by FNDC to Ngati Rahiri Maori Komiti. The second document was a letter to trustees regarding the license to occupy the Reserves, this letter being dated 31st January 2018, informing the trustees that the occupation license had been issued for the period 1 - 7 February 2018.

Sgt Ruth (if that is his name) informed us that a large number of people had photographed both documents referred to above, but he refused to allow me to photograph the letter, despite the fact that others had been permitted to do so.

I request both documents, and all other information regarding this incident, including all information regarding the planning of the Police actions, any formal complaints to Police, all communications regarding the incident, etc. This incident occurred at around 9 in the morning or thereabouts.

A number of Police then stood guard on the land referred to as "The Island" all day, preventing anyone else from occupying the land, which remained unoccupied all day. I request all information regarding this occupation by Police of the land referred to as "The Island".

Later that day, at around 5 or 6 in the afternoon, Police began to forcibly evict whanau from Te Karaka Tapu Historic Reserve, where we have always camped at this time of year. Hostilities were ignited between tangata whenua and Police to the point where our kaumatua were summoned to evict the Police and inform them that they have no jurisdiction over our whenua and no right to act in such a disgraceful and provocative manner.

I note that Police accepted this and withdrew, and our whanau occupied the land as we have in previous years, as our register of occupation proves.

I request all information regarding this incident also, and all information Police hold regarding these two pieces of land and the actions of Police regarding the enforcement of the occupation license, police presence and actions on these pieces of land, and any related matters.

I also note that the media reports that Kingi Taurua was "spoken to by Police then left of his own accord" during a protest at the Treaty Grounds on the 6th February, and request all information Police hold about any such conversation or communication - it is clear that the media are mischievously inferring that Police escorted the protestors off the Treaty grounds and this error needs to be corrected. We witnessed events closely and know that any approach by Police to Kingi Taurua occurred well after his departure and was completely unnecessary.

I also request an estimate of the cost of the Police occupation of the land referred to as "The Island", and their actions regarding that land and Te Karaka Tapu Historic Reserve on the 3rd February 2018 as it is clear that it was an appalling waste of resources and abuse of power.

I look forward to receiving this information without delay.

Yours faithfully,

Katherine Raue

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New Zealand Police

Hi Katherine
Thank you for your email. I have forwarded your request to the correct
district.
Kind regards
Police Public Information

-----Katherine Raue <[FYI request #7271 email]> wrote:
-----
To: OIA/LGOIMA requests at New Zealand Police <[New Zealand Police request email]>
From: Katherine Raue <[FYI request #7271 email]>
Date: 14/02/2018 04:24PM
Subject: Official Information request - Police actions at Waitangi 2018

Dear New Zealand Police,
On or about 3rd February 2018 Police went onto the piece of land at
Waitangi known as "The Island", which is historically part of Te Tii
marae, and pulled out the tent pegs belonging to several whanau and
ordered them off that piece of land.  Whanau were peacefully sleeping,
feeding their kids breakfast, abiding by the law, as they have always done
at this time of year on that land.  There was considerable dismay
expressed regarding the heavy handed actions of Police.
The Police officer in charge was a Sgt Ruth I think, and he showed us two
documents, one being a purported license to occupy the two pieces of land
referred to in the documents as "The Island" and "Shippy's [or Shippies]
Reserve", which is more correctly known as "Te Karaka Tapu Historic
Reserve", this license to occupy was apparently issued by FNDC to Ngati
Rahiri Maori Komiti.  The second document was a letter to trustees
regarding the license to occupy the Reserves, this letter being dated 31st
January  2018, informing the trustees that the occupation license had been
issued for the period 1 - 7 February 2018.
Sgt Ruth (if that is his name) informed us that a large number of people
had photographed both documents referred to above, but he refused to allow
me to photograph the letter, despite the fact that others had been
permitted to do so.
I request both documents, and all other information regarding this
incident, including all information regarding the planning of the Police
actions, any formal complaints to Police, all communications regarding the
incident, etc.  This incident occurred at around 9 in the morning or
thereabouts.
A number of Police then stood guard on the land referred to as "The
Island" all day, preventing anyone else from occupying the land, which
remained unoccupied all day.  I request all information regarding this
occupation by Police of the land referred to as "The Island".
Later that day, at around 5 or 6 in the afternoon, Police began to
forcibly evict whanau from Te Karaka Tapu Historic Reserve, where we have
always camped at this time of year.  Hostilities were ignited between
tangata whenua and Police to the point where our kaumatua were summoned to
evict the Police and inform them that they have no jurisdiction over our
whenua and no right to act in such a disgraceful and provocative manner.
I note that Police accepted this and withdrew, and our whanau occupied the
land as we have in previous years, as our register of occupation proves.
I request all information regarding this incident also, and all
information Police hold regarding these two pieces of land and the actions
of Police regarding the enforcement of the occupation license, police
presence and actions on these pieces of land, and any related matters.
I also note that the media reports that Kingi Taurua was "spoken to by
Police then left of his own accord" during a protest at the Treaty Grounds
on the 6th February, and request all information Police hold about any
such conversation or communication - it is clear that the media are
mischievously inferring that Police escorted the protestors off the Treaty
grounds and this error needs to be corrected.  We witnessed events closely
and know that any approach by Police to Kingi Taurua occurred well after
his  departure and was completely unnecessary.
I also request an estimate of the cost of the Police occupation of the
land referred to as "The Island", and their actions regarding that land
and Te Karaka Tapu Historic Reserve on the 3rd February 2018 as it is
clear that it was an appalling waste of resources and abuse of power.
I look forward to receiving this information without delay.
Yours faithfully,
Katherine Raue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FYI request #7271 email]
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If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

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From: RUTH, Martyn
New Zealand Police


Attachment 31012018133307 0001.pdf
47K Download View as HTML

Attachment OIA Request RAUE Waitangi Bollards.doc
1.7M Download View as HTML

Attachment PERMIT Ngati Rahiri Komiti 1 7 February 2018.pdf
59K Download View as HTML


Morning Katherine

 

Attached please find your request response.

 

Regards

 

Marty RUTH
Inspector 7585
District Operations Manager Northland
[mobile number
E-Mail : [1][email address]

[2]New Zealand Police IntranetNIA Training

[3]NZ Police Case Management Programme

We exist to prevent crime and road trauma by working together to ensure
our communities 'Are Safe' and 'Feel Safe"

 

 

===============================================================

WARNING

The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.

Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately

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Mark Hanna left an annotation ()

"The cost and numbers of Police concerned with maintaining law and order on the land you referred to – I am refusing this request under Section 6 (c) and 9 of the Official Information Act."

There doesn't seem to be any clear reason why releasing this information would be likely to prejudice the maintenance of the law in any way.

"Section 9 of the Official Information Act" is not a reason for withholding information. Rather, it contains about 20 different potential reasons for withholding information. Presumably there was a mistake in the response, and Police intended to specify a specific part of Section 9 as further reason for withholding this information.

I'd recommend you challenge this part of the decision. It would be useful first to gain clarity from NZ Police regarding what part of Section 9 of the Act they believe allows this information to be withheld, and if you do not believe that is justified then I'd recommend you complain to the Ombudsman.

Here's is the Ombudsman's guidance for Section 6 of the OIA, which lays out what NZ Police should have considered when deciding to withhold information under Section 6(c): http://www.ombudsman.parliament.nz/syste...

You'll note that the guidance has this to say about decisions to withhold information under any part of Section 6:

"It is not sufficient to simply assert that disclosure of the information will have a prejudicial effect. The public sector agency must be able to identify, with sufficient particularity, the nature of the prejudicial effect and explain how such prejudice will occur in order to meet the tests for withholding in section 6."

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Katherine Raue left an annotation ()

Thank you Mark, you are quite right. A complaint has been filed with the Ombudsmen as follows: I requested information regarding the actions of Police at Te Tii in Waitangi on 6th February via the FYI website at this link: https://fyi.org.nz/request/7271-police-a.... The response contains the following statement: "The cost and numbers of Police concerned with maintaining law and order on the land you referred to – I am refusing this request under Section 6 (c) and 9 of the Official Information Act."

There doesn't seem to be any reason why releasing this information would be likely to prejudice the maintenance of the law in any way, "Section 9 of the Official Information Act" is not a reason for withholding information.

Regarding the claim regarding section 6, "It is not sufficient to simply assert that disclosure of the information will have a prejudicial effect. The public sector agency must be able to identify, with sufficient particularity, the nature of the prejudicial effect and explain how such prejudice will occur in order to meet the tests for withholding in section 6."

This is a formal complaint regarding the refusal of Police to provide the information requested regarding the cost and numbers of Police concerned with maintaining law and order on the two pieces of land specified in the documents attached to the response, the land known as "The Island" and the wahi tapu land known as Te Karaka Tapu Historic Reserve, referred to in the information provided as "Shippey's Reserve".
Katherine Raue

I encountered a problem with the Ombudsmen's online complaint form, which requires a person to provide a "city" field. I live in a relatively small town, if you don't fill in the mandatory fields, your complaint is not accepted, so I was forced to write "Greytown is not a city" in the box, which is ridiculous. The assistance of the team who run this site is much appreciated, thanks again.

Link to this

From: Katherine Raue

Dear RUTH, Martyn,

The third and fourth paragraph of your response refer to consultation with trustees, FNDC, etc. I request all information regarding this "consultation".

It is well known that Te Karaka Tapu Historic Reserve has a great deal of cultural and spiritual significance to Ngapuhi - it is a wahi tapu and is listed as such - details can be found here - http://www.heritage.org.nz/the-list/deta...

The fact that you refer to the land as "Shippey's Reserve" is an insult, and demonstrates your ignorance of the significance of the land. Your claims are simply not credible, and your claim that you permitted me to photograph the document are a deliberate LIE and you know perfectly well it's a lie. There were witnesses to your refusal, so I suggest you think carefully about your future response to this request.

A formal complaint has been made to the Ombudsmen regarding your response and formal complaints will be made regarding your dishonesty regarding the issue of allowing me to photograph the letter.

Yours sincerely,

Katherine Raue

Link to this

From: RUTH, Martyn
New Zealand Police


Attachment OIA RAUE.doc
1.7M Download View as HTML


Afternoon,

 

Please find attached my response

 

Regards

 

Marty RUTH
Inspector 7585
District Operations Manager Northland
[mobile number
E-Mail : [1][email address]

[2]New Zealand Police IntranetNIA Training

[3]NZ Police Case Management Programme

We exist to prevent crime and road trauma by working together to ensure
our communities 'Are Safe' and 'Feel Safe"

 

 

===============================================================

WARNING

The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.

Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately

References

Visible links
1. mailto:[email address]
2. http://svaptrix/aptrix/corporate/corpora...
3. http://svfulldeck.card.police.govt.nz/fu...

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Grant Carroll left an annotation ()

To reply that there are no statistics on the number of police attending the operation at Waitangi is a complete obstruction of the OIA process and, I believe, almost certainly untruthful.

Any significant planned operation carried out by the New Zealand police has a written operation order prepared beforehand and issued to each officer involved in the operation. This operation order details the staff involved, the duties they are tasked to, hours of working, etc, etc. I find it extremely hard to believe that this would have not have been the case for the operation at Waitangi.

For an example of the release of an operation order in response to a OIA request on this website see "Photos taken in Wellington on 9 - 13 October". In response to this request the "Operation Order for Operation FAGA - The Policing of the New Zealand Defence Industry Association and Expo 2017 10th and 11th October" was published on this website and there is absolutely no reason under the Act why the same should not apply to the operation order for the police operation at Waitangi.

Cheers.

Grant Carroll.

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Katherine Raue left an annotation ()

Thanks Grant, you're right of course. The response is an insult to the intelligence. And now evidence has emerged elsewhere on this excellent site which makes a mockery of the response from Police -

https://fyi.org.nz/request/7638-actions-...

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From: Katherine Raue

Dear RUTH, Martyn,

What's this then - Scotch mist?
https://drive.google.com/file/d/1ZHiF8IJ...
I request the specific recipient - the identifier preceding "@police.govt.nz", and the rest of the information, without further delay.

Yours sincerely,

Katherine Raue

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From: Katherine Raue

Dear RUTH, Martyn,

Secondly, do you continue to dispute that this 'permit' is clearly not worth the paper it is written on? It claims to have been issued eleven months after the proposed occupation it refers to, in December 2018.

Yours sincerely,

Katherine Raue

Link to this

From: RUTH, Martyn
New Zealand Police

Morning Katherine ,

Not sure what you are talking about , can you explain specifically ( rather than links ) what you rely on that would nullify any permit ?

Marty RUTH
Inspector 7585
District Operations Manager Northland
[mobile number
E-Mail : [email address]
New Zealand Police IntranetNIA Training
NZ Police Case Management Programme
We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe"
 

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From: RUTH, Martyn
New Zealand Police

Morning Katherine,

I can't access these sites , happy to talk or for you to explain specifically what you refer to

Regards

Marty RUTH
Inspector 7585
District Operations Manager Northland
[mobile number
E-Mail : [email address]
New Zealand Police IntranetNIA Training
NZ Police Case Management Programme
We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe"
 

show quoted sections

Link to this

From: Katherine Raue

Dear RUTH, Martyn,

I am not the only one who believes that you are LYING in claiming that you can't access the ONE link I posted to an email from FNDC to Police - nobody else has had any trouble whatsoever accessing the link - https://drive.google.com/file/d/1ZHiF8IJ... - This email is indisputable eveidence that you are lying in claiming that there is no information!

Please provide EVIDENCE - in the form of a screenshoot, or full details, of your so called inability to access the EVIDENCE. I invite the people who have already commented on this request to report on their ability to access the link. WHY can't you access it Sgt Ruth - because you don't want to? Because you cant be bothered trying?

Secondly - the matter of the validity of the so called license to occupy the two pieces of our own whenua. You yourself provided the link to the "Permit" in your correspondence above so don't lie about not being able to access it! - this is the link to it, and nobody except YOU has any 'problem' accessing it and it appears your inability to do so is deliberate and further evidence of your incompetence and corruption! https://fyi.org.nz/request/7271/response...

The so called "Permit", which you have provided yourself, is clearly dated: "24 DECEMBER 2018".

Do you or do you not accept that as the permit is dated some seven months in the future it is INVALID on that basis alone - let alone the FACT that the land in question is owned by Ngapuhi - as our Chief Kingi Taurua and our other kaumatua told you clearly on the day you threw your weight around so disgracefully - prior to you beating such an hasty retreat when confronted by Kingi and rest of us and challenged on your right to evict us from our own whenua! There was no Hikoi for Justice! The whole permit is an utter joke - as is your apparent inability to read the date on the so called "Permit"!

Seems the whole thing was planned by Police and FNDC to pit tangata whenua against each other and cause division and disharmony, and STEAL OUR LAND!

We look forward to your response - stop wasting time, and stop lying! Your lies are being forwarded to the Ombusmen - what a waste of taxpayers' money and Police resources! It is clear that your responses are deliberately obstructive and intended to pervert the course of justice and deny us information we are lawfully entitled to!

Yours sincerely,

Katherine Raue

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Oliver Lineham left an annotation ()

Many enterprises and government agencies block staff from accessing cloud storage services (such as google drive, dropbox) in order to prevent them from storing work files there instead of the secure internal systems they are supposed to use. This is a good thing, as it helps these agencies protect the private information of members of the public.

Unfortunately it can also make it impossible to share information TO agencies by using such cloud storage services. I suspect that is what has happened here.

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From: Katherine Raue

Dear RUTH, Martyn,

We've uploaded it to facebook for your benefit - we note that the Northland Police have a facebook page. As you can see it is dated next Christmas Eve, 24 December 2018 and therefore not valid. It is at this link: https://www.facebook.com/MaoriAgent/phot...

Yours sincerely,

Katherine Raue
and Te Ringa Mangu Mihaka

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From: Katherine Raue

Dear RUTH, Martyn,

It's also at this link:
https://waitangi2018.blogspot.com/2018/0...

Yours sincerely,

Katherine Raue

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From: Katherine Raue

Dear RUTH, Martyn,

I request all emails and other information involving communication between Police and FNDC regarding the events referred to above - the enforcement of this invalid "permit".

I request the following information - do Police accept that the permit is invalid - it has an invalid name on it, an invalid date, it refers to a "Hikoi for Justice" that you know perfectly well didn't exist, and there is no evidence of any Ngati Rahiri Maori Committee - do you know the difference between "Maori" and "Mauri"?

I repeat my request for all information regarding the actions of Police in regard to the incidents in

This information is OVERDUE and further complaints have been filed with Ombudsmen and IPCA which in no way excuses your lazy, arrogant, blatantly dishonest responses to date. You are simply trying to take advantage of the ridiculously long waiting time for complaints to the Ombudsmen to be dealt with, no wonder they're snowed under with arrogant overpaid bullies like you making work for them. Please provide the information requested without further delay.

Yours sincerely,

Katherine Raue

Link to this

From: RUTH, Martyn
New Zealand Police

I am away from the office until Monday the 16th of July 2018, If your
matter is urgent please contact Senior Sergeant Cliff METCALFE or Senior
Sergeant Murray HODSON.

 

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From: RUTH, Martyn
New Zealand Police

Dear Ms Raue,

You email 10th July 2018 refers , see underlying.

I have labelled your latest request by paragraph to enable an accurate response.

With regard to point A I can advise, as before, that no records of such communications exist. I therefore maintain my decision to decline your request in reliance on section 18(e) of the Official Information Act 1982.

With regard to items C and D, your complaint to the Ombudsman (ref 474148) is already being dealt with by the Ombudsman's investigator, Mr Nick Kennedy. I responded to you on 29 March this year and stand by that response.

Item B is not a request for official or private information and I am not required to comment on the validity of a permit issued in a civil transaction by Far North District Council to a member of the public.

You have already complained to the Ombudsman regarding our response in this matter. If you wish to communicate further the reference is 474148 and the investigator is Mr Nick Kennedy.

Again please refrain from using insulting and inflammatory language in your correspondence, there is no need for this and it does you no service.

Yours sincerely

Marty RUTH
Inspector 7585
District Operations Manager Northland
[mobile number
E-Mail : [email address]
New Zealand Police IntranetNIA Training
NZ Police Case Management Programme
We exist to prevent crime and road trauma by working together to ensure our communities 'Are Safe' and 'Feel Safe"

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From: Katherine Raue

Dear RUTH, Martyn,

Your blatant dishonesty and bare faced arrogance are sickening.

Your claims that no information exists other than the pathetically inadequate amount that you've provided is an insult to the intelligence, and an insult to Ngapuhi - it's also a clear attempt to flout the laws that Police are charged to uphold.

It is clear that you think it's some kind of game to try and lie and claim that no emails exist.

We believe Police received the permit from the FNDC attached to an email which was sent from FNDC to Police on 25 January 2018 - you should have provided that email months ago instead of continuing to lie and claim it doesn't exist - you should be ashamed of yourself!

We request that you provide us with a copy of that email, in its entirety, WITHOUT FURTHER DELAY - as we requested months ago, and all other emails, and all other communication in any form whether committed to writing or not, and ALL OTHER INFORMATION PERTAINING TO THESE MATTERS WITHOUT FURTHER DELAY. This includes all communication involving yourself and any other member of the Police, the FNDC, the public or anyone else regarding these matters. You were photographed speaking on the telephone during these events - who were you speaking to and what was discussed? As others have noted, it is simply not credible that no other information exists regarding the actions of Police that we have referred to - nobody believes you, I am not the only one why clearly thinks you are a liar.

You know perfectly well that you received the information from the FNDC by email, your blatant lies and deliberate and arrogant evasion and dishonesty do you and NZ Police no service whatsoever, and are an accurate indication that Police have not progressed at all in terms of addressing the numerous adverse reports of recent years, an have, on the contrary, become emboldened by the culture of covering up corruption and incompetence to the extent that it is now taken for granted that you can lie to people with the blatant arrogance you have hereto displayed.

Yours sincerely,

Katherina Raue

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From: RUTH, Martyn
New Zealand Police

Evening Katherine

Your language and insults again do not serve you well, I will not be communicating with you any more, you know where to complain,

Regards

Sent from my iPhone

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===============================================================
WARNING
The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately

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